How Vehicle Modifications Affect NSW CTP Injury Claims
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you've been injured in a motor vehicle accident and require modifications to your car, such as hand controls or adaptive equipment, you may be eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. This article explains how vehicle modifications impact CTP claims, using practical examples from the Central Coast.
Key NSW CTP Rules for Vehicle Modifications
Under the Motor Accident Injuries Act 2017, vehicle modifications are assessed as part of your injury claim. SIRA (State Insurance Regulatory Authority) evaluates whether the modification is necessary due to your injury and whether it meets the 'threshold injury' criteria. For example, if you sustained a spinal injury requiring hand controls, the modification must be directly related to your accident and medically necessary.
The CTP scheme covers 'treatment and care benefits' for modifications, including the cost of installing equipment. However, the modification must be approved by a medical practitioner and documented in your treatment records. SIRA also considers whether the modification improves your ability to drive safely or perform daily tasks.
Evidence Needed for Vehicle Modification Claims
To support your claim, you'll need:
- Medical evidence confirming your injury and the need for modifications
- Documentation of the modification's cost and installation (e.g., invoices, receipts)
- A statement from your treating medical practitioner linking the modification to your injury
- Any accident reports or witness statements supporting your claim
On the Central Coast, claimants have reported delays in processing modifications due to incomplete documentation. Ensure all records are clear and directly tied to your injury.
SIRA's Assessment of Modified Vehicles
SIRA assesses modifications under the Motor Accident Guidelines, which define 'threshold injury' as an injury requiring treatment that results in a 'whole person impairment' of 10% or more. If your modification is for a threshold injury, you may be eligible for weekly income benefits and treatment benefits.
For example, a cyclist injured on the Central Coast who required a hand control modification was assessed under the guidelines. SIRA approved the modification as it was deemed necessary for mobility and directly related to the injury. However, if the injury was minor and did not meet the threshold, benefits might be limited after 52 weeks.
Common Issues with Modified Vehicle Claims
Claims involving modified vehicles often face challenges such as:
- Proving the modification was necessary and not a personal choice
- Demonstrating the modification's direct link to the accident
- Meeting the 52-week limit for benefits if the injury is a threshold injury
On the Central Coast, some claimants have faced disputes over the cost of modifications. SIRA advises that modifications must be 'reasonably necessary' and not excessive. Always seek medical confirmation of necessity.
When to Seek Legal Advice
If your claim is denied or you're unsure about the assessment of your modifications, consult a legal professional. Lawyers can help you:
- Challenge SIRA's decision with additional evidence
- Navigate the 52-week benefit limits
- Understand how your injury meets the threshold criteria
Next Steps
CTP claims involving vehicle modifications require careful documentation and understanding of the threshold injury rules. If you're on the Central Coast and need assistance with your claim, contact SIRA directly or seek advice from a legal professional familiar with NSW CTP laws. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.